CLA-2-85:RR:NC:1:110 R00609

Mr. James E. Martin
Thermtrol Corporation
8914 Pleasantwood Ave., NW
P.O. Box 2501
North Canton, OH 44720

RE: The tariff classification of thermal protectors from Vietnam.

Dear Mr. Martin:

In your letter dated July 22, 2004 you requested a tariff classification ruling.

The merchandise under consideration is Thermtrol Corporations Kilxon® “7AM Series Thermal Protectors” and the “Self-Hold 7AM Series Thermal Protectors.” The 7AM thermal protector is a miniature, snap-action, thermally operated device with current ratings up to 22 Amps. They are designed to prevent overheating in a variety of consumer, industrial and commercial products. These thermal protectors are provided with a variety of leads, terminations and insulating sleeves to meet specific requirements. They are used in various applications such as battery packs, battery chargers, permanent split capacitor motors, shade pole motors, HID ballast’s, florescent lighting, transformers, vacuum cleaners, etc. Therefore, no principle use can be determined. Thermal protectors are forms of heat-sensitive elements used in protecting a circuit overload. When such a condition occurs, a bimetal disc opens breaking the circuit, thus interrupting the current in the manner of a circuit breaker. When the bimetal disc returns to normal operating temperature, the circuit is automatically restored.

The Self-Hold 7AM Series thermal protectors are designed to prevent overheating in motors. These thermal protectors combine the same protection as the 7AM Series above with an added self-holding feature. Once activated in a fault or overload condition, the Self-Hold feature maintains its open circuit status until power is manually disconnected from the motor. Thereby preventing the circuit from closing, and restoring power to the motor until power is manually restored. The Self-Hold 7AM Series are connected in series with the line voltage supplied to the motors electrical windings.

The applicable subheading for the Self-Hold 7AM Series Thermal Protectors will be 8536.30.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits: Motor overload protectors.” The general rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the 7AM Series Thermal Protectors will be 8536.30.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electrical apparatus for switching or protecting electrical circuits…for a voltage not exceeding 1,000 V: Other apparatus for protecting electrical circuits: Other.” The general rate of duty will be 2.7 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division